Q: During a hearing regarding disturbing the peace and throwing rocks, what is the procedure for self representation?
My husband was accused of throwing rocks at the neighbor's house. He did not do this. The neighbor started a civil suit against me and my husband last year and has been harassing us with sheriff calls and disputes through the town council. He has disparaged us through emails at his work, telling all to stop using our internet company. Our previous atty was ineffective and never presented our side but wanted us to 'get along". It isn't possible when the neighbor has been doing this for years. We had to purchase the lot we are now building on because he tried to block our access to our business. We need help but have been unable to retain another counsel. What is the process of notifying the court/judge that we have no atty and my husband will be representing himself at the hearing?
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A:
To represent himself at the hearing, your husband should follow these general steps:
1. Notify the court:
- File a written notice with the court stating that he will be representing himself (pro se).
- This can usually be done by submitting a simple statement to the court clerk.
2. Prepare for the hearing:
- Gather all relevant evidence and documents.
- Prepare a clear, concise statement of the facts.
- Research applicable laws and court procedures.
3. At the hearing:
- Arrive early and dress appropriately.
- Address the judge as "Your Honor."
- Present his case clearly and stick to the facts.
- Be respectful to all parties involved.
Some additional points to consider:
- Your husband has the right to represent himself, but the judge may advise him of the risks and recommend seeking legal counsel.
- He will be expected to follow the same rules and procedures as an attorney.
- If possible, consult with a legal aid organization or pro bono attorney for guidance before the hearing.
- Consider seeking a continuance if more time is needed to prepare.
Given the complex history of your situation, including the civil suit and ongoing disputes, it would be beneficial to have legal representation if possible. If you cannot afford an attorney, look into legal aid services in Montana that might be able to assist you.
Remember, while self-representation is allowed, it can be challenging, especially in complex cases. Your husband should be prepared to navigate legal procedures and present his case effectively.
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